36C25023Q0217.pdf
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- Tiered Evaluation - Fire Alarm System Inspection, Testing, and Maintenance- Saginaw, MI VAMC
- Solicitation number
- 36C25023Q0217
About this file
This is a solicitation for fire alarm and suppression system inspection, testing, and maintenance services at the Aleda E. Lutz VA Medical Center in Saginaw, Michigan. The contractor will provide full-service maintenance and inspections in accordance with the statement of work, including quarterly, semiannual, and annual testing of components. Emergency call-back service must also be available. The procurement is set aside for SDVOSBs first, VOSBs second, and then small businesses. Questions are due by February 10, 2023 and the period of performance is one base year with four optional one-year extensions. Pricing is provided for inspections, portal-to-portal software revisions, and maintenance/repairs not to exceed $20,000 annually.
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PAGE 1 OF 1. REQUISITION NO.
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE
TELEPHONE NO. UEI: EFT:
PHONE: FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
655-23-2-6111-0006
36C25023Q0217 02-06-2023
David Wykrent 734-222-4322 02-16-2023
10:00 EST
Department of Veterans Affairs Ann Arbor Healthcare System Network Contracting Office 10 2215 Fuller Road Ann Arbor MI 48105
X 100
X
561621
$22 Million
N/A
X
Department of Veterans Affair VA Ann Arbor Healthcare System
WAREHOUSE
2215 Fuller Road Ann Arbor MI 48105
Y
Department of Veterans Affairs Ann Arbor Healthcare System Network Contracting Office 10 2215 Fuller Road Ann Arbor MI 48105
Financial Management System PO Box 149971 Austin TX 78714-9971
877-353-9791 512-460-5540
See CONTINUATION Page
Contractor to provide full-service fire alarm and suppression systems maintenance and inspections in accordance with the Statement of Work for the Aleda E. Lutz VA Medical Center, 1500 Weiss St., Saginaw, MI 48602.
Emergency call-back service must be available for minor adjustments and major repairs to affect the integrity of the system to include panic alarm system components.
This procurement is set aside based on an order of priority as established in 38 U.S.C 8127. This solicitation is being issued as a tiered evaluation with the following tiers:
1. SDVOSB 2. VOSB 3. Small Business 4. Large Business
See paragraph E.2 Instruction For Quote Submission for quote i submission requirements.
Questions should be sent to david.wykrent@va.gov by 02/10/2023 At 10:00AM EST.
Service Contract Act WD #: 2015-4865 Rev. 20 is attached
See CONTINUATION Page x X x 1
Christopher Gundy Contracting Officer mailto:david.wykrent@va.gov
36C25023Q0217
Table of Contents
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
B.2 Statement of Work
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES (NOV 2021)
C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...25
C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS
C.6 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA
ACQUISITION OF COMMERCIAL ITEMS (APR 2020)
C.7 VAAR 852.219-73 VA Notice Of Total set-Aside For Verified Service-Disabled Veteran-Owned Small Businesses (NOV 2022) C.8 VAAR 852.219-74 VA Notice of Total Set-Aside for Verified Veteran-Owned Small Businesses (NOV 2022)
C.9 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—
CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022)
C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ...35
C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
SECTION E - SOLICITATION PROVISIONS
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (NOV 2021)
E.2 INSTRUCTIONS FOR QUOTE SUBMISSIONS
E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS
AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
E.5 52.216-1 TYPE OF CONTRACT (APR 1984)
E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)
E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (NOV 2021)
E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020)
(DEVIATION)
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
Name: ____________________________________
Address: ____________________________________
Phone: ____________________________________
Email: ____________________________________
b. GOVERNMENT: Contracting Officer 36C250 Christopher Gundy
Ann Arbor Healthcare System
Network Contracting Office 10
2215 Fuller Road
Ann Arbor MI 48105
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[] 52.232-36, Payment by Third Party
3. INVOICES: Invoices shall be submitted in arrears:
a. Quarterly [x]
b. Semi-Annually []
c. Other []
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
Tungsten Network https://authentication.tungsten-network.com/login
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
B.2 Statement of Work
Fire Alarm System Inspection/Testing, and Maintenance Aleda E. Lutz VAMC: 1500 Weiss St. Saginaw, MI 48602
1. Contractor shall provide all necessary labor, materials, and expertise to perform quarterly, semiannual, and annual inspections and testing services, and maintenance on the Fire Alarm System located at the Aleda E. Lutz VA Medical Center, 1500 Weiss St., Saginaw, MI 48602.
2. Contractor shall perform inspections in accordance with the most current editions of (OEM) maintenance manuals, NFPA 14, 25, 72 & 105, and additional regulatory requirements as prescribed by the Joint Commission on the Accreditation of Healthcare Organizations (TJC).
a. Contractor shall develop a written testing plan to include ALL system components, showing the periodic frequency of inspections/testing and upcoming inspection/testing dates for the contract year.
b. Contractor shall provide the Saginaw VAMC COR with the completed testing plan 10 business days after contract is awarded, with a schedule of tentative testing dates for all components for the contract year.
3. Contractor is responsible for scheduling and completing all inspections, testing, and planned maintenance to meet current NFPA and TJC standards within standard hours of operation listed below.
4. Contractor shall notify COR at (989) 497-2500, ext. 13901, at least one month in advanced prior to conducting inspections and/or planned maintenance.
5. Hours of Operation.
a. Contractor shall perform inspections during normal business hours, Monday-Friday from
7:30 a.m.-4:30 p.m. excluding any federal holiday and any other days specifically declared by the President of the United States to be a national holiday.
6. Contractor must provide an individual who is factory trained and certified and is an authorized representative of the major equipment manufacturer, United Technologies – Edwards, to perform Testing, Maintenance, and Inspections, as well as any necessary repairs.
7. Services include the following.
a. Inspections:
(1) Systematic examination of all system components.
(2) Contractor shall perform testing, cleaning, adjusting of all components as necessary to keep the system in reliable condition and proper working order.
(3) Contractor shall furnish all tools, and cleaning materials, and parts required to perform inspections and testing.
(4) Contractor shall perform battery and charger maintenance. Replace as necessary.
(5) Fire damper inspection in accordance with NFPA 105, (6-yr. cycle, FY 2023-2024).
(6) Standpipe inspection in accordance with NFPA 14, 25 & 72, (5 yr. Cycle, FY 2023-
2024) followed by annual inspections thereafter.
b. Emergency Service:
(1) Contractor shall respond within six (6) hours upon notification of system trouble.
(2) Emergency call-back service shall be limited to minor adjustments. Any major repairs to affect the integrity of the system to include panic alarm system components shall be covered under separate Purchase Order.
8. Contractor shall contact COR at (989) 497-2500, ext. 13901, prior to and upon completion of work and shall provide work ticket and/or report. Work ticket shall include complete description of the work performed and parts replaced.
9. Contractor should be aware that from time to time the fire alarm system will undergo changes as new systems are added and systems are replaced or deleted. VA will maintain an up-to-date inventory list and will ensure that the contractor is always provided with a current copy. Contractor to verify component list prior to start of inspections.
a. Inspection of minor additions/deletions of components (less than 5%) will be done at no additional cost to the VA Saginaw Healthcare System. Substantial change (> 5 %) to the configuration of the Alarm and Suppression Systems should be noted by the vendor, and a modification to adjust the contract will be submitted to the Contracting Officer prior to conducting the next quarterly inspection.
10. Contractor shall maintain a log at the fire alarm control panel (Room B140-1). The log shall include the date, type of trouble, condition of the system, and the name of the technician responding to the trouble call. Each trouble call shall be fully described to include but not limited to the nature of the trouble, corrective action taken and what parts replaced.
11. Non-emergency adjustments shall be accomplished during quarterly visits or at the hourly rate previously defined. A separate PO must be issued prior to start of work.
12. The following is a list of systems and components that shall be maintained and tested to included but not limited to the following:
a. Fire alarm panels including batteries (12-volt; approximately 26 total) and battery chargers. Shall include testing and inspection of all functions.
b. Initiating devices to include:
(1) Manual Pull Stations
(2) Heat Detectors
(3) Area Smoke Detectors
(4) HVAC Duct Smoke Detectors
(5) Fire Sprinkler Water Flow Switches
(6) Fire sprinkler valve supervisory switches
(7) Fire sprinkler hi/low air supervisory switches
c. Notification Appliances to Include:
(1) Audible Signals (bells, speakers, and horns)
(2) Visual signals (lights & strobes)
d. Auxiliary Devices to Include:
(1) Magnetic Door Holders
(2) Fire Shutter Door Releases
(3) HVAC Fan Shut Down
(4) Fire Department Remote Alarm
(5) Elevator Fire Service Recall
(6) Fire-Smoke Dampers (30 total)
e. United Technologies (manufacturer) Reporting System to Include:
(1) Remote Monitor Panels
(2) Central Reviewing Equipment
(3) Software, Database, and Server, with back-up software and database. Annual and quarterly software/database reviews of Edwards EST-3 ©, Fireworks© and BuildingReports.com ©. Vendor shall perform software/database updates for standard factory revisions and patches to systems, as needed, to ensure proper operation of all systems involved. Systems described are NOT connected to the VA Secure Networks. Systems are standalone, air-gapped, in accordance with Department of Veterans Affairs Air Gap requirements. Systems are not capable of remote connection outside of Saginaw VAMC campus.
(4) Portal to portal software standard factory revisions for fire alarm and suppression system. 40 hours are allocated for first visit, 8 hours per quarter thereafter.
Contractor to contact CO and COR if additional time is needed in accordance with the SOW. Time shall be billed under CLIN 0002, portal to portal fire alarm and suppression system maintenance and repairs. If additional funding is not made available, line item 2 will be put on hold until further notice and funding is made available.
f. Single Stations Stand Alone Systems:
(1) HVAC Duct Smoke Detectors and Fan Shut Down
(2) Fire Smoke Dampers
13. Contractor shall submit a quarterly report to COR and the Contracting Officer to include but not limited to the following information:
a. Testing Schedule:
(1) Building number.
(2) System type tested.
(3) What was tested.
b. Detailed report:
(1) Building number.
(2) Location of device.
(3) Type of Device.
(4) Test Results.
(a) Original.
(b) Current.
(5) Zone (Zone FACP).
(6) Code (Chime Code).
(7) Quarter.
(8) 6 months.
(9) Year.
(10) Date.
(11) Comments.
c. Fire Alarm Discrepancy Report:
(1) Building Number.
(2) Device and location.
(3) Type of Discrepancy.
14. The publications listed below shall be followed and adhered to while conducting repairs, testing, maintenance, and inspections.
a. Manufacturer’s maintenance manuals.
b. Manufacturer’s recommendations.
c. National Fire Protection Association Standards. (NFPA 25, 72 & 105)
d. National Electrical Code (NEC).
e. National Fire Code.
f. Joint Commission (TJC) Requirements. (VA will provide. Contact COR).
15. Contractor shall report to Facility Management Service, Building 1, PRIOR TO STARTING AND AFTER COMPLETION OF WORK. Contact COR at (989) 497-2500, ext. 13901.
16. Fire Alarm and Suppression System Components (An initial inventory during first annual fire alarm inspection and test should be conducted to confirm existing numbers.)
a. Fire Alarm and Suppression Systems include the following components:
ITEM QTY UNIT
1. FIRE ALARM PANELS (13); TESTING YEARLY. 13 EA
2. SMOKE DETECTORS (50); TESTING YEARLY. 146 EA
3. DUCT DETECTORS (142); TESTING YEARLY. 142 EA
4. SPEAKERS (299) /HORNS/BELLS/LIGHTS (21); TESTING YEARLY. 165 EA
5. SMOKE-FIRE DAMPER-TAMPER SWITCHES (34); TESTING SEMI-ANNUAL.
PERFORMED DURING WET RISER TESTING. (INCLUDES CONTROL RELAYS TO SHUT
DOWN VENTILATION FANS).
2 JB
6. WATER FLOWS (13); TESTING SEMI-ANNUALLY. PERFORMED DURING WET RISER
TESTING.
2 JB
7. SMOKE BARRIER DOOR (60); TESTING YEARLY. (Magnetic release) 60 EA
8. HEAT DETECTORS (16); TESTING YEARLY: 16 EA
9. SPRINKLER RISER (WET) (9); TESTING SEMI-ANNUAL. 9 EA
10. SPRINKLER RISER (DRY) (1); TESTING YEARLY. 1 EA
11. FUSIBLE LINKS (30) CONTROLLING FIRE DAMPERS; TESTING YEARLY. 30 EA
12. ANTI-FREEZE SPRINKLER SYSTEM (1) TESTING YEARLY. 1 EA
13. FIRE HYDRANTS AND CONNECTIONS (17); TESTING YEARLY. 17 EA
14. BUILDINGS 2, 3, 4, 6, 9, 21, & 35, TESTING OF (APPROXIMATELY 34) COMBINATION
HORN/STROBES.
34 EA
15. PORTABLE FIRE EXTINGUISHERS, ANNUAL TESTING OF TEN-LB. ABC
EXTINGUISHERS.
165 EA
16. PORTABLE FIRE EXTINGUISHERS, ANNUAL TESTING OF TEN-LB. CO2
EXTINGUISHERS. (SURGERY WARD)
6 EA
17. PORTABLE FIRE EXTINGUISHERS, ANNUAL TESTING OF FIVE-LB. ABC
EXTINGUISHERS. (Kiddie brand, for VA vehicles).
20 EA
18. ANSUL R-102 KITCHEN HOOD SUPPRESSION SYSTEMS. SEMI-ANNUAL TESTING.
(INCLUDES SHUNT-TRIP ACTIVATION TEST.)
4 EA
19. CO2 SUPPRESSION SYSTEM FOR HAZ-MAT LOCKER (CONEX) BLDG. 21 (GARAGE).
SEMI-ANNUAL TESTING.
1 EA
20. ANNUALLY REVIEW AS-BUILT: (AUTOCAD 2015 2015 VERSION OR NEWER)
DRAWINGS TO INCLUDE SPRINKLER (WET/DRY/GLYCOL) SYSTEMS; VENTILATION AND
OTHER BARRIER/SUPRESSION SYSTEMS THROUGHOUT CAMPUS.
1 JB
21. BUILDINGS 2, 3, 4, 6, 9, AND 21, TESTING OF APPROXIMATELY 20 SMOKE
DETECTORS.
20 EA
22. BUILDINGS 2, 3, 4, 6, 9, AND 21 TESTING OF APPROXIMATELY 12 PULL STATIONS. 122 EA
23. FIVE-YEAR NFPA 25 COMPLIANT STANDPIPE FLOW TEST INSPECTION, BUILDINGS 1
& 22. CONSISTS OF 12 STANDPIPES. DUE BASE YEAR OF CONTRACT.
1 JB
24. SPRINKLER TAMPER SWITCHES; SEMI-ANNUAL TESTING. 79 EA
25. FM-200 LIQUEFIED COMPRESSED GAS SYSTEM; SEMI-ANNUAL TESTING, 2 SYSTEMS 2 JB
b. The Service Summary section provides an overview of the services performed in this report.
Device or Item Category % of Inventory Quantity Air Pressure Switch Supervisory 0.17% 2
Annunciator Control 0.26% 3 Battery Control 3.26% 38 Control Panel Control 0.60% 7 Damper Control Auxiliary 0.26% 3 Duct Detector Initiating 4.29% 50 Elevator Auxiliary 0.69% 8 Fan Shutdown Auxiliary 2.57% 30 Gas Shutdown Auxiliary 0.09% 1 Heat Detector Initiating 1.80% 21 Horn/Strobe Indicating 1.89% 22 Power Supply Control 1.03% 12 Printer Control 0.09% 1 Pull Station Initiating 10.46% 122 Releasing Device Auxiliary 2.32% 27 Smoke Detector Initiating 13.29% 155 Speaker Indicating 28.22% 329 Special Control Control 0.09% 1 Strobe Indicating 14.15% 165 Tamper Switch Supervisory 6.78% 79 Waterflow Switch Initiating 4.89% 57 Total: 99.94% 1165
17. TESTING PROCEDURES:
a. General Description
(1) This specification provides the requirements for cleaning and testing the existing Life Safety System.
(2) Periodic inspection and testing shall be in accordance with all applicable NFPA codes.
b. Clean All Detectors.
(1) Disassemble, clean with vacuum or cloth, reassemble, and replace as necessary.
(2) Test sensitivity voltage using a UL listed test meter. If detector is out of range, adjust and repeat.
(3) Record test results on inspection report.
c. Test All Pull Stations.
(1) Check for any physical damage.
(2) Activate pull station to verify alarm signal and then reset pull station.
(3) Record test results on inspection report.
d. Test Water flow or Tamper Switches (if applicable)
(1) Check for any physical damage.
(2) Activate valve or flow water to test switch and then reset devices.
(3) Record test results on inspection report.
e. Verify operation of Audible and Visual Systems
(1) Activate alarm signals.
(2) Verify proper operation of each unit.
(3) Record test results on inspection report.
f. Functional Test
(1) Put control panel into alarm mode.
(2) Verify operation of Fan shutdown, remote signal transmission and all other automatic functions that have been designed into the system.
(3) Also verify that smoke fire and dampers close in alarm conditions.
(4) Verify operation of Elevator Recall for seven elevators, Power Shunt Breaker, and
Elevator Shaft Smoke Sensors.
(5) Verify smoke/fire barrier door closures.
(6) Record test results on inspection report.
(7) Check smoke fire dampers.
g. Control Panel Test – Secondary Power Supply
(1) Measure voltage at incoming power, battery charger, batteries, and all other critical points. (Specific points are defined by system used).
(2) Record test results on inspection report.
18. Test Result Reporting/Recording
a. Record test results using on-line inspection report, using http://www.buildingreports.com
(1) Test results must be completed within ten (10) business days of inspection/tests.
(2) Any deficiencies must be noted, and System component tagged (using VA approved/supplied tags).
(3) A written report of deficiencies must be provided in a daily report, submitted to COR, for VA Safety Manager to log and track remediation of all deficiencies. Daily deficiency reports must include component, nature of deficiency and location.
b. Finalize Inspection Report, using http://www.buildingreports.com .
(1) A quarterly meeting shall be held with Contractor Inspection Team Leader, VA Safety
Manager and COR to review Inspection Report.
(2) Remediation plan for all deficiencies shall be developed, and contractor shall submit repair estimate and repair schedule to the COR within 5 business days.
(3) Contractor shall submit report to the COR and Saginaw VA Safety Manager within 5 business days of repair completion showing status of all identified deficiencies.
19. United Technologies (UT)/Edwards EST-3 Fire Alarm System Software and Programing
a. Software Programming for the Edwards EST-3 Fire Alarm System shall be provided by qualified, certified EST 3 System Technician/Programmers.
(1) Valid certificate from United Technologies Edwards required for Alarm System technicians and Edwards EST-3 SDU programmer.
(2) Documentation will be verified with Edwards EST-3 database to ensure valid training is certified and current.
b. Contractor shall provide all updates and software revisions for the Edwards EST-3 Fire
Alarm System.
(1) Download and install any software updates and revisions for UT/Edwards EST-3
SDU Software and Fireworks Software.
c. Any System Programming deficiencies should be noted and remediated by the contractor’s UT/Edwards EST-3 technician.
d. Contractor shall maintain an updated back up disc for the United Technologies-Edwards Fire Alarm System and Fireworks© server(s).
20. As-Built CAD Drawings
a. Review and update As-Built CAD Drawings to show all Alarm and Suppression System
Panels, Components, Sensors, and Wiring.
(1) Verify As-Built drawings are accurate. Annual review by contractor to ensure accuracy.
b. Current As-Built drawings will be provided by VA upon Contract Award. Contractor shall review and redline As-Built AutoCAD drawing layers to show location and identify the following components:
(1) All Sprinkler Systems, to include flow switches; gauges; valves; check valves;
standpipes and drains; hydrants and fittings. Layers shall show all components.
(2) All ventilation fire-smoke dampers; tampers; control relays and natural gas shut off valves.
(3) Ansul R-102 Kitchen Hood Suppression System. Include electrical shunt trips.
(4) Portable fire extinguisher stations.
(5) Magnetic release fire boundary doors.
(6) FM-200 Systems
(7) Any functional fire suppression or alarm component not shown on existing drawings.
This is requested in order that VA shall have comprehensive Fire Alarm and Suppression System Plans.
c. Six (6) months prior to contract ending, vender shall provide current As-Built drawings fully updated with all fire alarm and suppression system components.
21. Quality Assurance Procedure
a. Contractor shall have NICET qualified staff and OEM (UTC-Edwards) authorized
Edwards EST-3 certified Strategic Partnerships that ensure technicians have the required training on the Fire Alarm System and provide OEM-issued (UTC-Edwards EST) certificates for documentation of training.
(1) Testing Procedures shall be performed in accordance with NFPA 25, 72 & 105, or more frequently, in accordance with of Authority Having Jurisdiction. The NFPA 72 shows testing frequencies.
b. Wet Sprinkler System Inspection Summary- Inspect general items such as:
(1) Are all systems in service?
(2) Visualize location of heads in relationship to the distance of walls, ceilings & objects.
Does the building appear to be properly heated in all areas?
(3) Do all exterior openings appear to be protected against freezing?
c. Inspect control valves:
(1) Are all valves in the appropriate open or closed position?
(2) Make sure all shut off valves are chained, locked & tamper proof. Exercise all O, S, &
Y valves.
d. Water supplies:
(1) Do a full flow of water test of the main drain at the sprinkler riser.
e. Inspect Fire Department Connections:
(1) Confirm that fire dept. connections are in satisfactory condition
(2) Confirm that the connection is couplings free, caps in place & check valves tight.
(3) Confirm that the connection is accessible and visible.
f. Alarms:
(1) Test water motor and gong.
(2) Test electric alarm.
(3) Test supervisory alarm service.
g. Sprinklers:
(1) Verify that all sprinklers are free from corrosion, loading, or obstruction to spray discharge.
(2) Check that sprinklers are less than 50 years old - thus not requiring sample testing.
(3) Verify that there is a stock of spare sprinklers available.
(4) Check that the exterior condition of the sprinkler system appears to be satisfactory.
(5) Verify that all sprinklers are of proper temperature ratings for their locations.
h. Replace gauges if necessary - all gauges must be calibrated or changed out every 5 years.
i. Inspect tamper and flow switches. Note sprinkler valve size, static pressure, and residual pressure for report.
j. All activities (Inspection, testing and maintenance) shall be noted in written Service Report to COR. Final periodic Inspection/Tests shall be reported electronically, using http://www.buildingreports.com.
22. Fire Alarm and Suppression System Maintenance and Repairs:
a. In the event of Fire Alarm and Suppression System deficiencies and/or failures discovered during Quarterly or Annual Inspections, the vendor shall provide an estimate for said maintenance, repairs, labor, and parts. Below is a list of Edwards EST-3 Standard components used in the system(s) located at the VA Medical Center, Saginaw, MI. Maintenance and repairs are not limited to Standard components list. Contractor shall commence repairs with approval from the contracting officer (CO) or contracting officer representative (COR). Maintenance and repairs shall be billed to CLIN 0003 and shall not exceed $20,000.00 on an annual basis. Contractor must notify the CO or COR when 90% has been expended for the year. If additional funding is not available, line item 3 will be put on hold until further notice and funding is made available.
b. Edwards EST-3 Standard Components:
(1) Smoke detectors
(2) Heat detectors
(3) Duct detectors
(4) Fusible links
(5) Pull stations
(6) Control relays
(7) Flow switches
(8) Ansul suppression agent containers
(9) 10 lb. ABC fire extinguishers
(10) 10 CO2 fire extinguishers
(11) Strobes/audible alarms
(12) Gauges
(13) Alarm panels
(14) Annual Software license fees
23. Period of Performance.
a. Base Year: February 19, 2023-February 18, 2024
b. Four additional option years
VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors
1. Contractor employees who work in or travel to VHA locations must comply with the following:
a. Documentation requirements:
1) If fully vaccinated, shall show proof of vaccination.
i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.
2) If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date.
Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.
3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.
4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.
2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.
a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.
3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.
https://www.va.gov/covid19screen/
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
1.00 YR
Fire Alarm and Suppression System inspections in accordance with the Statement of Work Contract Period: Base POP Begin: 02-19-2023 POP End: 02-18-2024 PRINCIPAL NAICS CODE: 561621 - Security Systems Services (except Locksmiths) PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and Rebuilding of Equipment - Alarm, Signal, and Security Detection Systems
32.00 HR
Portal to portal software standard factory revisions for fire alarm and suppression system, 8 hours per quarter, 32 total hours, paid per hour in accordance with the Statement of Work. (As needed) Contract Period: Base POP Begin: 02-19-2023 POP End: 02-18-2024 PRINCIPAL NAICS CODE: 561621 - Security Systems Services (except Locksmiths) PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and
Contractor to provide all labor, supervision, and material for Fire Alarm and Suppression System maintenance and repairs. Price shall not exceed $20,000.00 on annual basis. Contractor must notify the CO or COR when 90% has been expended for the year.
Contract Period: Base POP Begin: 02-19-2023 POP End: 02-18-2024 PRINCIPAL NAICS CODE: 561621 - Security Systems Services (except Locksmiths) PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and
12.00 MO
the Statement of Work Contract Period: Option 1 POP Begin: 02-19-2024 POP End: 02-18-2025 PRINCIPAL NAICS CODE: 561621 - Security Systems Services (except Locksmiths) PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and suppression system, 8 hours per quarter, 32 total hours, paid per hour in accordance with the Statement of Work. (As needed) Contract Period: Option 1 POP Begin: 02-19-2024 POP End: 02-18-2025 PRINCIPAL NAICS CODE: 561621 - Security Systems Services (except Locksmiths) PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and
Alarm and Suppression System maintenance and repairs. Price shall not exceed $20,000.00 on annual basis. Contractor must notify the CO or COR when 90% has been expended for the year.
Contract Period: Option 1 POP Begin: 02-19-2024 POP End: 02-18-2025 PRINCIPAL NAICS CODE: 561621 - Security Systems Services (except Locksmiths) PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and the Statement of Work Contract Period: Option 2 POP Begin: 02-19-2025 POP End: 02-18-2026 PRINCIPAL NAICS CODE: 561621 - Security Systems Services (except Locksmiths) PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and suppression system, 8 hours per quarter, 32 total hours, paid per hour in accordance with the Statement of Work. (As needed) Contract Period: Option 2 POP Begin: 02-19-2025 POP End: 02-18-2026 PRINCIPAL NAICS CODE: 561621 - Security Systems Services (except Locksmiths) PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and
Alarm and Suppression System maintenance and repairs. Price shall not exceed $20,000.00 on annual basis. Contractor must notify the CO or COR when 90% has been expended for the year.
Contract Period: Option 2 POP Begin: 02-19-2025 POP End: 02-18-2026 PRINCIPAL NAICS CODE: 561621 - Security Systems Services (except Locksmiths) PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and the Statement of Work Contract Period: Option 3 POP Begin: 02-19-2026 POP End: 02-18-2027 PRINCIPAL NAICS CODE: 561621 - Security Systems Services (except Locksmiths) PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and suppression system, 8 hours per quarter, 32 total hours, paid per hour in accordance with the Statement of Work. (As needed) Contract Period: Option 3 POP Begin: 02-19-2026 POP End: 02-18-2027 PRINCIPAL NAICS CODE: 561621 - Security Systems Services (except Locksmiths) PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and
Alarm and Suppression System maintenance and repairs. Price shall not exceed $20,000.00 on annual basis. Contractor must notify the CO or COR when 90% has been expended for the year.
Contract Period: Option 3 POP Begin: 02-19-2026 POP End: 02-18-2027 PRINCIPAL NAICS CODE: 561621 - Security Systems Services (except Locksmiths) PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and the Statement of Work Contract Period: Option 4 POP Begin: 02-19-2027 POP End: 02-18-2028 PRINCIPAL NAICS CODE: 561621 - Security Systems Services (except Locksmiths) PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and suppression system, 8 hours per quarter, 32 total hours, paid per hour in accordance with the Statement of Work. (As needed) Contract Period: Option 4 POP Begin: 02-19-2027 POP End: 02-18-2028 PRINCIPAL NAICS CODE: 561621 - Security Systems Services (except Locksmiths) PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and
Alarm and Suppression System maintenance and repairs. Price shall not exceed $20,000.00 on annual basis. Contractor must notify the CO or COR when 90% has been expended for the year.
Contract Period: Option 4 POP Begin: 02-19-2027 POP End: 02-18-2028 PRINCIPAL NAICS CODE: 561621 - Security Systems Services (except Locksmiths) PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and
TOTAL:
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered;
and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.—
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments
(9) The specification.
(t) [Reserved]
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of Clause)
ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES
Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following clauses are incorporated into 52.212-4 as an addendum to this contract:
C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.
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